Contents

Record Synopsis

Probate is the “court procedure by which a will is proved to be valid or invalid” and encompasses “all matters and proceedings pertaining to the administration of estates, guardianships, etc.”[1] Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. For further information about the probate process, types of probate records, analyzing probate records, and to access a glossary of probate terms, see United States Probate Records.

History

Probate records of Kentucky are kept by the county clerk.

Before 1748 there were few American settlers in the area of present-day Kentucky. In the ensuing years, boundary disputes continued between Tennessee and Kentucky, They were not firmly settled until 1859. As a result, some families were unsure which state they lived in. Often, records for them are found in both states.

A loss of records occurred in some of the 120 counties of Kentucky by either fire or accident. Fortunately, some of these lost records were later re-recorded, making it necessary to extend a search in those counties well past the years in which the records were destroyed.

A brief history of the settlement and boundary changes of Kentucky and the resultant effects on record keeping can be found on Ancestry.($)

A discussion of Kentucky Probate Records written by Wendy Bebout Elliott for Red book: American State, County, and Town Sources can be found at Ancestry. ($)

State Statutes

Understanding the Kentucky probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems.

Additional information about Kentucky state statutes relating to probate matters can be found at law libraries. Online digital versions of state statutes can often be found by conducting a search engine search for the term, "Kentucky statutes."

Repositories

Local

Probate records of Kentucky are kept by the county clerk.

Regional

National

The Family History Library located in Salt Lake City, Utah Kentucky probate records available on microfilm. For collection details see the Family History Library Catalog. Use the "Place Search" option to search for a specific Kentucky county. Then look for topics labeled "Probate Records" or "Guardianship."